Textual Amendments
F1Cross-heading preceding s. 57 substituted (1.4.2008) by virtue of Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 36, 227(3), Sch. 1 para. 48 (with s. 223); S.S.I. 2008/115, art. 3(1)(i) (with arts. 4-6, 10 (as amended (with effect from 31.1.2011) by S.S.I. 2011/31, art. 5))
(1)After the F3. . . trustee has made a final division of the debtor’s estate and has inserted his final audited accounts in the sederunt book, he—
(a)shall deposit any unclaimed dividends and any unapplied balances in an appropriate bank or institution;
(b)shall thereafter send to the Accountant in Bankruptcy the sederunt book, a copy of the audited accounts and a receipt for the deposit of the unclaimed dividends and unapplied balances; and
(c)may at the same time as sending the said documents apply to the Accountant in Bankruptcy for a certificate of discharge.
(2)The F3. . . trustee shall send notice of an application under subsection (1)(c) above to the debtor and to all the creditors known to the F3. . . trustee and shall inform the debtor and such creditors—
(a)that they may make written representations relating to the application to the Accountant in Bankruptcy within a period of 14 days after such notification;
(b)that the sederunt book is available for inspection at the office of the Accountant in Bankruptcy and contains the audited accounts of, and scheme of division in, the sequestration; and
(c)of the effect mentioned in subsection (5) below.
(3)On the expiry of the period mentioned in subsection (2)(a) above, the Accountant in Bankruptcy, after examining the documents sent to him and considering any representations duly made to him, shall—
(a)grant or refuse to grant the certificate of discharge; and
(b)notify (in addition to the F3. . . trustee) the debtor and all creditors who have made such representations accordingly.
(4)The F3. . . trustee, the debtor or any creditor who has made representations under subsection (2)(a) above, may within 14 days after the issuing of the determination under subsection (3) above, appeal therefrom to the sheriff and if the sheriff determines that a certificate of discharge which has been refused should be granted he shall order the Accountant in Bankruptcy to grant it; and the sheriff clerk shall send a copy of the decree of the sheriff to the Accountant in Bankruptcy.
[F4(4A)The decision of the sheriff on an appeal under subsection (4) above shall be final.]
(5)The grant of a certificate of discharge under this section by the Accountant in Bankruptcy shall have the effect of discharging the F3. . . trustee from all liability (other than any liability arising from fraud) to the creditors or to the debtor in respect of any act or omission of the F3. . . trustee in exercising the functions conferred on him by this Act including, where he was also the interim trustee, the functions conferred on him as interim trustee.
(6)Where a certificate of discharge is granted under this section, the Accountant in Bankruptcy shall make an appropriate entry in the register of insolvencies and in the sederunt book.
(7)Where the F3. . . trustee has died, resigned office or been removed from office, the provisions of this section shall, subject to any necessary modifications, apply in relation to that F3. . . trustee or, if he has died, to his executor as they apply to a F3. . . trustee who has made a final division of the debtor’s estate in accordance with the foregoing provisions of this Act.
[F4(8)This section does not apply in any case where the Accountant in Bankruptcy is the F3. . . trustee.]
Textual Amendments
F2S. 57 heading substituted (1.4.2008) by virtue of Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 36, 227(3), Sch. 1 para. 49 (with s. 223); S.S.I. 2008/115, art. 3(1)(i) (with arts. 4-6, 10 (as amended (with effect from 31.1.2011) by S.S.I. 2011/31, art. 5))
F3Words in s. 57 repealed (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226, 227(3), Sch. 6 Pt. 1 (with s. 223); S.S.I. 2008/115, art. 3(2)(3), Sch. 2 (with arts. 4-6, 10 (as amended (with effect from 31.1.2011) by S.S.I. 2011/31, art. 5))
F4S. 57(4A) inserted (1.4.1993, subject to savings in arts. 4, 5 of S.I. 1993/438) by 1993 c. 6, s. 11(3), Sch. 1 para. 24(2) (with s. 12(6)); S.I. 1993/438, art.3
S. 57(8) inserted (1.4.1993, subject to savings in arts. 4, 5 of S.I. 1993/438) by 1993 c. 6, s. 11(3), Sch. 1 para. 24(3) (with s. 12(6)); S.I. 1993/438, art.3